Fake accounts case: Bilawal files review petition in SC

ISLAMABAD: The Pakistan People’s Party (PPP) Chairman Bilawal Bhutto Zardari Friday questioned the verbal and written order passed by former Chief Justice of Pakistan Mian Saqib Nisar in fake bank accounts and money laundering case pertaining to removal of his name as well as Sindh Chief Minister Murad Ali Shah form the JIT report and Exit Control List (ECL).

The PPP chairman filed a review petition in the Supreme Court under Article 188 of the Constitution praying to review its written order which, in contrast to its verbal order earlier, does not mention removal of his name from the JIT report. He submitted that on January 7, 2019, former chief justice Mian Saqib Nisar while heading a three-member bench of the apex court hearing the fake bank accounts and money laundering case had expressed displeasure against the JIT and the federal government and verbally directed and ordered them to expunge his name from the JIT report and delete his name form the ECL.

Bilawal contended that the direction made in the open court was widely reported in the media and no contradiction or clarification to the contrary was ever issued by anyone in respect of these facts.

“Although, the directions were given in open court in the presence of attorney general and counsel for the JIT as well as the DG FIA, my name was neither deleted from the JIT report nor from the ECL (which was belatedly removed later on),” Bilawal contended.

He however said that eventually when the written order was subsequently issued, the direction for expunging his name from the JIT report was also not part of the order despite the fact that paragraph 35 and 37 of the order contained observations and directions, not in consonance with but rather contradictory to the verbal directions given in open court and the commitment made on behalf of the JIT in the court for expunging his name form the JIT report.

“Whether the principles of law laid down in the case of Waris Meah ves State PLD 1957 SC 157 and subsequent judgments of the apex court read with Article 25 of the Constitution which prohibits discriminatory treatment, in respect of selection of laws and forums for inquiry, investigation, prosecution for particular cases are applicable to and were followed in the order passed on January 7, 2019 by this court,” Bilawal questioned.

The PPP chairman further questioned as to whether the omission to consider the principles relating to the applicability of special law i.e. banking laws, as against the general law, i.e. National Accountability Ordinance (NAO 1999) in order dated January 7, 2019 not warrant reconsideration of the order, keeping in view the mandate of Article 4 and 10-A of the Constitution.

He questioned whether as a matter of law and practice any party, authority, body including the JIT, federal government etc. could ignore and not give effect to the verbal directions given by the apex court for enforcement in the presence of parties, authority, JIT, NAB, federal government, their advocates, law officers etc. during proceeding in the court.

Bilawal mentioned para-35 of the written order of the apex court passed on January 16, 2019 making observations about him. The court in the para ruled, “However, its clarified that this would not prevent the NAB to probe their cases further and in case sufficient material is found connecting the said persons with cognisable offences, it shall not be precluded from making an appropriate request to the federal government to place their names on the ECL or take any appropriate action provided by law.”

The PPP chairman contended that the settled and centuries-old principle of law as enshrined in articles 4 and 13 of the Constitution is that no one is to be subjected to any criminal probe, enquiry, investigation or proceedings unless there exists sufficient material connecting him to the commission of a cognisable offence.

“In the case of applicant the principle has been reversed and the applicant is to be subjected to probe first with the objective of finding out that whether there is sufficient material available to connect him to any cognizable offence,” Bilawal submitted.

Meanwhile National Accountability Bureau (NAB) submitted to the Supreme Court its first progress report on the ongoing investigation in the fake accounts case.

Last month, the Supreme Court had directed NAB to probe the case after a joint investigation team report revealed that at least 29 bank accounts identified as fake had been used for money laundering to the tune of Rs42 billion. The report implicated former president Asif Ali Zardari, his sister Faryal Talpur, prominent banker Hussain Lawai, Omni Group's Anwar Majeed and other prominent bankers and businessmen.

The top court had given two months to NAB to conclude its investigation. It had also ordered the body to submit a progress report every 15 days.

According to the report prepared by NAB Rawalpindi Director General Irfan Mangi, the anti-corruption watchdog has asked relevant departments for their records and is collecting additional evidence in order to determine whether a reference should be filed.

Similarly, the Sindh government raised objections over the Supreme Court's Jan 7 verdict in the fake accounts case and appealed to the top court to modify or clarify its ruling.